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Madras High CourtWP/16701/2018disposed of

R.Ramachandran, v. The Inspector Of Police

2018-07-05Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16701 of 2018 R.Ramachandran ..

Petitioner Vs.

The Inspector of Police, Kurisilapattu Police Station, Vaniyambadi Taluk, Vellore District - 635 702.

..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to grant permission to the petitioner to conduct the cultural programme and give police protection which is scheduled to be held on 05.08.2018 in Sri Yealu Ootru Mariamman Temple, Babukollai Village, Kurisilampattu Post, Vaniyambadi Taluk, Vellore District - 635 702 based on the petitioner's representation dated 15.06.2018.

For Petitioner : Mr.M.Vijayakumar For Respondent: Mr.E.Balamurugan, Special Government Pleader

O R D E R

The petitioner seeks a direction to the respondent to grant permission to the petitioner to conduct the cultural programme and give police protection which is scheduled to be held on 05.08.2018 in Sri Yealu Ootru Mariamman Temple, Babukollai Village, Kurisilampattu Post, Vaniyambadi Taluk, Vellore District - 635 702 based on the petitioner's representation dated 15.06.2018.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the Dharmakartha of the Temple. Since the villagers have been conducting the cultural programme as a part of temple festival every year in a peaceful manner without any untoward incident in the past, he has submitted a representation to the respondent on 15.06.2018 seeking permission to conduct the cultural programme on 05.08.2018. As the said representation has not been considered by the respondent so far, the petitioner is before this Court.

3.The learned Special Government Pleader appearing for the respondent, on instructions, would submit that the permission sought for by the petitioner may be granted with appropriate

stringent conditions for maintaining law and order and also to avoid any untoward incident during the performance of such programme.

4.In view of the submission made by the learned Special Government Pleader for the respondent, this writ petition is disposed of with the following directions:- (a) The cultural programme (Adal Padal) in connection with the Sri Yealu Ootru Mariamman Temple, Babukollai Village, Kurisilampattu Post, Vaniyambadi Taluk, Vellore District - 635 702 on 05.08.2018 between *02.00p.m. and 5.00 p.m.

(b) There should not be any kind of obscene dance or vulgar dialogues during the performance, by anyone of the participants.

(c) Double meaning songs should not be played so as to spoil the minds of students and the youths.

(d) No dance or songs, touching upon any political party or religion, community or caste be played. (e) No flex boards in support of any political party or religious leader, be erected.

(f) The function should not affect either religious or communal harmony and shall be conducted without any discrimination based on caste.

(g) If there is any violation of any one of the conditions imposed, the concerned Police Officer is at liberty to take necessary action, as per law and stop such performance.

(h) Similarly, the Police is empowered to stop the cultural programme, if it exceeds beyond the permitted time.

(i) The participants of the programme shall not intake any kind of toxic substance or liquor during the programme.

(j) If there is any untoward incident taking place, the village people and the organizers of the programme be made responsible for the same; and

(k) The respondent is directed to issue necessary permission incorporating the above conditions. No costs.

Sd/- Assistant Registrar(CS VI) dt.5.7.2018 *Corrected as per the order of this Court dt.19.7.2018 made in Wp.No.16701/18 Sd/- Assistant Registrar(CS VI) dt.24.7.2018 //True Copy// Sub Assistant Registrar va To To be substituted to the order The Inspector of Police, already despatched on 6.7.2018 Kurisilapattu Police Station, Vaniyambadi Taluk, Vellore District - 635 702.

+1cc to Mr.M.Vijayakumar, Advocate sr.no.48177 +1cc to Government Pleader SR.No.44255 W.P.No.16701 of 2018 nr 05/07/2018 sm:24.7.2018